but one piece of prior art and the sufficiency of the evidence supporting the jury’s
because of Microsoft’s willful infringement, the district court awarded only $40 million in
injunction, which this court stayed pending the outcome of this appeal, is narrow. i4i
Ltd. v. Microsoft Corp., No. 2009-1504 (Fed. Cir. Sept. 3, 2009). It does not affect
copies of Word sold or licensed before the injunction goes into effect. Thus, users who
bought or licensed Word before the injunction becomes effective will still be able to use
the infringing custom XML editor, and receive technical support from Microsoft. After its
effective date, the injunction prohibits Microsoft from selling, offering to sell, importing,
prohibited from instructing or assisting new customers in the custom XML editor’s use.
On appeal, Microsoft challenges the jury verdict and injunction on multiple
grounds. Because this case went to trial and we are in large part reviewing what the
permanent injunction, though we modify its effective date to accord with the evidence.
In all other respects, we affirm for the reasons set forth below.
companies would hire i4i to develop and maintain customized software for them. Thus,
while consumers might not find i4i’s products on the shelves at Best Buy or CompUSA,
i4i was in the business of actively creating, marketing, and selling software. In June
1994, i4i applied for a patent concerning a method for processing and storing